eNotes: Liability – March 2024 – Federal

SIGNIFICANT CASE SUMMARIES

Federal Case Summary

Ziadeh v. Walmart Inc.
United States District Court for the Middle District of Pennsylvania
2024 U.S. Dist. LEXIS 597

Decided: January 2, 2024

Summary judgment granted in trip and fall over pallet in retail store as same was an open and obvious condition.

Background

A customer tripped over a pallet in a retail store as she was walking down an aisle and looking at merchandise on the shelves. The customer was not sure what she tripped over but saw a wooden pallet while she was on the ground. Defendant moved for summary judgment at the close of discovery, arguing that the pallet was open and obvious. The customer responded by arguing that she did not have a subjective awareness of the pallet.

Holding

The District Court granted summary judgment in favor of Defendant on grounds that a reasonable person, in the position of the Plaintiff, exercising ordinary perception, intelligence, and judgment would have apprehended the wooden pallet based upon the record evidence. The Court further held that subjective awareness of the condition is not required when the alleged condition is objectively obvious, which was the case of the pallet.

Questions about this case can be directed to Brook Dirlam at (412) 926-1438 or bdirlam@tthlaw.com.